The Price Of Freedom: What Influences Bail Prices?

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One of your first thoughts after being arrested is how to get out of jail. There are four possible outcomes of an arrest:

1. You will be released on your own recognizance.

2. You will be denied bail.

3. You will have bail set and you pay the full amount.

4. You will have bail set and you use the services of a bail bond agent to be released.

The way that bail is set depends on several factors, so read on to learn more.

Bail Schedules

In some places, the price of freedom can be ascertained immediately upon an arrest. Some jails have bail schedules posted listing the bail amounts for certain charges. The more serious the charge, the higher the bail. So-called "jailhouse" bail is non-negotiable – you either pay the full asking price or you remain in jail until trial time. If you have the funds with you, you might not even see the inside of a jail cell using a jailhouse bail schedule. In other cases, however, you must appear before a judge to have your bail set.

The Judge Decides

In most cases, you will appear at an arraignment or a bail hearing soon after your arrest to be informed of your bail amount. Judges usually have wide discretion in setting bail and they use several factors to determine the amount. Some of those factors are:

  • The seriousness of the charges.
  • Your criminal record.
  • Your reputation and ties to the community.
  • Your citizenship.
  • Your employment and education level.

Bail Using Algorithms

Some courts have taken the burden from the judge by having a computer program assign bail. The defendant's demographic information, their charges, and other information are input and bail recommendations are provided. The algorithm is based on statistics that match the charges and defendant information with others who have complied with bail conditions.

Charges Affect Bail, Often Unfairly

When it comes to setting bail, the price of the release usually depends on the most serious charge. Keep in mind that if you are arrested for any crime, you are innocent until proven guilty. Unfortunately, if you are charged with a serious crime and end up having the charges dropped, you still must post bail based on the most serious charge. For example, if a person was arrested for possession of marijuana (a small amount, in this case), they could be charged with possession with intent to sell. That more serious charge would undoubtedly be dropped, but bail will be based on the more serious charge.

All of those arrested and offered bail have the option to pay their bail using a bail bond. Bail bonding agencies allow you to get out of jail without paying the often-expensive full price of bail Speak to an agent about a bail bond and pay a lower price for your freedom.

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